Getting hurt because of someone else’s carelessness can send your life into a whirlwind of pain, paperwork, missed workdays, and medical bills. Amidst this, an important question often sits quietly in the back of your mind: How long do I actually have to file a claim? It’s a fair question, and the answer depends on where you are and what kind of case you have. If you’re in Arkansas, this article will walk you through the timeframes, the exceptions, and what to do right now, before the clock runs out.
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What Is the Statute of Limitations and Why Should You Care?
“Every case has a story, but none of it matters if you don’t file in time. Deadlines are unforgiving. If you’re not sure where your case stands, talk to someone who knows Arkansas law,” says personal injury attorney Tiffany Mays O’Guinn of Mays, Byrd & O’Guinn.
Before proceeding you need to understand the term ‘statute of limitations.’ Think of it as your legal time window. It is the period during which you’re allowed to file a claim. In Arkansas, that window usually stays open for three years from the day you were injured.
However, not every case fits into that timeline. For example, the statute of limitations for medical malpractice claims is shorter, at two years from the date the injury occurred. Also, if your injury involves a public agency or government body, like a city-run bus system or a public building, you must file a notice within 180 days. Missing the deadline can prevent your case from even beginning.
When Time May Work Differently: Key Exceptions in Arkansas
The statute of limitations might seem like a hard deadline, and often, it is, but the law does leave room for exceptions. Sometimes the clock doesn’t start ticking right away. It depends on your situation, and these exceptions can make all the difference.
Sometimes, you don’t know you’ve been injured until long after the damage is done. Maybe it’s a medical mistake you only discover through a second opinion, or symptoms that creep in years after a workplace exposure. Arkansas law recognizes this, and that’s why the discovery rule exists. It gives people in those situations a chance to file a claim once they discover the injury. But here’s the gray area, it’s not just about when you found out, it’s also about when a reasonable person should have known. And what’s considered reasonable isn’t always black and white in the eyes of the court.
Tolling For Minors
Kids can’t file lawsuits, and the law doesn’t expect them to. If a child gets injured, they can’t just pick up the phone and call a lawyer. That’s why Arkansas law pauses the statute of limitations clock for minors. In most cases, the countdown to file a personal injury claim doesn’t even start until the child turns 21. That means they still have a chance to pursue justice, even years after the injury happened. It’s the law’s way of saying, we’re not going to let someone lose their rights just because they were too young to act.
Mental Incapacity and the Defendant Leaving the State
If someone isn’t mentally able to pursue their case, because of a brain injury, trauma, or another condition, the law gives them breathing room. Arkansas pauses the statute of limitations in these situations until the person is capable again. And when it comes to the person who caused the harm? If they disappear and can’t be served, the clock may stop until they resurface. But courts don’t take this lightly. It’s not enough to say, I couldn’t reach them. You have to show they were truly unavailable, not just ignoring your calls or moving across town.
Conclusion
If you’ve made it this far, we hope this article helped take at least one weight off your shoulders. Understanding how much time you really have to file a personal injury claim can bring some relief in a situation that’s often anything but simple. And while we’ve walked through the basics here, your case might involve details that change everything. That’s why the smartest next step is to speak with a personal injury lawyer who can look at your specific facts and give you more detailed answers.
